09/14/1995 DEVELOPMENT CODE ADJUSTMENT BOARD
September 14, 1995
Members present: Alex Plisko, Chair
Otto Gans, Vice Chair
Joyce Martin
William Johnson
William Schwob
Also present: John Richter, Senior Planner, Central Permitting Department
Gwen Legters, Board Reporter, City Clerk Department
The meeting was called to order by the Chair at 1:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He outlined procedures and advised
anyone adversely affected by any decision of the Development Code Adjustment Board may appeal through the City Clerk Department within two weeks. He noted Florida law requires any applicant
appealing a decision of this Board to have a record of the proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order.
A. VARIANCE REQUESTS
1. City of Clearwater for variances of (1) 3.5 ft to permit a fence height of 6.0 ft where 2.5 ft is allowed within the structural setback area from which the property is addressed from
and, (2) 2.0 ft to permit a fence height of 6.0 ft where 4.0 ft is allowed within the structural setback area from which the property is not addressed from at 1180 Russell Street, Sec
10-29-15, part of M&B 12.02, Fairmont Sub, Blk D, Lots 1-13 and Blk I, Lots 1-9, zoned P/SP (Public/Semipublic). V 95-47
Mr. Richter gave the background of the case and presented, in writing, the staff recommendation. He stated the subject property is the location of the former City of Clearwater Solid
Waste Complex. The property is currently enclosed with an aging six foot high chain link fence that is topped with barbed wire, and has no setbacks or landscaping. The applicant proposes
to replace the old fence with a new six foot chain link fence without barbed wire, set back four feet from the street rights of way and landscaped to soften the appearance. Staff recommended
approval subject to two standard conditions.
Glen Bahnick, representing the City Engineering Services Group, stated after the new solid waste facility was built on Hercules Avenue, the incinerator and outbuildings remaining on
the subject property were demolished. He stated the site is adjacent the Marshall Street wastewater treatment facility. The six foot high fence height is needed to secure the facility.
Mr. Bahnick indicated the six foot height is also needed to discourage trespassers and protect the public from possible injury on the newly graded turf. He said it is hoped that a reclaimed
water pumping facility and reservoir can be built on the site in the future.
In response to questions, Mr. Bahnick stated they will continue the same landscaping and fencing scheme as that currently existing at the wastewater treatment plant. There should be
no adverse visual effect on the adjacent land uses. He stated the odor emanating from the plant is unusual and is due to the recent heavy rains burdening the system.
Based upon the information furnished by the applicant, Member Schwob moved to grant the variances as requested because the applicant has substantially met all of the standards for approval
as listed in Section 45.24 of the Land Development Code, more specifically, because the variances arise from a condition unique to the property and were not caused by the owner or applicant
subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other
documents submitted in support of the applicant's request for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding the
work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect and 2) the requisite building permit(s)
shall be obtained within six months from the date of this public hearing. The motion was duly seconded and carried unanimously.
2. Gerald Kraus for variances of (1) 11 ft to allow a pool & deck 14 ft from a preservation zone where 25 ft is required and (2) 12 ft to allow a pool & deck 3 ft from the top of bank
of a jurisdictional wetland where 15 ft is required at 1808 Union St., Spring Lake Heights Unit one, Lot 9, zoned RS 6 (Single Family Residential) and P (Preservation). V 95-48
Mr. Richter gave the background of the case and presented, in writing, the staff recommendation. He stated the applicants wish to construct a swimming pool in the back yard of their
existing single family home adjacent to Spring Lake. He stated variance #1 has been withdrawn because the proposal is to be located more than 25 feet from the lake. The irregular shape
of the lot and the existence of the lake behind the home make it difficult to construct a pool on the property. The applicant is proposing a conservatively sized pool to account for
these conditions and staff recommended approval subject to two standard conditions.
Gerald and Marlene Kraus, the owner/applicants, addressed the Board, stating they have owned the property for over twenty years. Mr. Kraus said his wife needs the pool for exercise
therapy and the neighbors have no problem with it.
A letter signed by owners of the two adjacent properties was submitted in support of the application.
The applicants were commended for the minimal pool design and excellent condition of their property.
Based upon the information furnished by the applicant, Member Gans moved to grant Variance #2 as requested because the applicantshave substantially met all of the standards for approval
as listed in Section 45.24 of the Land Development Code, more specifically, because the variance arises from a condition unique to the property and was not caused by the owner or applicant
subject to the following conditions: 1) This variance is
based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's request
for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding the work to be done with regard to the site or any physical structure
located on the site, will result in this variance being null and of no effect and 2) the requisite building permit(s) shall be obtained within six months from the date of this public
hearing. The motion was duly seconded and carried unanimously.
B. LAND DEVELOPMENT CODE AMENDMENTS
1. Ordinance 5909-95 of The City of Clearwater, Florida, Relating to the Land Development Code; Amending Sections 28.10 And 44.08, Code Of Ordinances, to delete the requirement that
signs on vending machines be regulated as wall signs; providing an effective date.
Mr. Richter gave the background of the ordinance, stating due to concerns with the aesthetic appearance of vending machines in front of buildings, the product signs have been treated
as attached signage. He said this has caused difficulty with sign amortization enforcement when properties which would otherwise be in compliance, exceed their allowances because of
signage on vending machines. He indicated the proposal is to exempt product name signs on vending machines, treating them like signs on other types of machines normally seen in public.
Discussion ensued regarding the code requirements for placement of vending machines.
Member Gans moved to recommend approval of Ordinance 5909-95 to the City Commission. The motion was duly seconded and carried unanimously.
C. APPROVAL OF MINUTES - August 24, 1995
Member Johnson moved to approve the minutes of August 24, 1995, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously.
D. CHAIRMAN'S ITEMS - None
E. DIRECTOR'S ITEMS -Discussion of Infill Housing Program - Alan Ferri, Director of Economic Development and Linda Byars, City Loan Officer
Mr. Ferri and Ms. Byars presented information and answered questions on the program and how it functions. Mr. Ferri stated Clearwater Neighborhood Housing Services (CNHS) have developed
all the units in the program so far, and will have completed 40 units by the end of the fiscal year. They hope to equal or exceed that number next year.
Ms. Byars explained the qualification process, stating potential buyers are extensively screened and trained in a variety of budgeting, credit and property ownership responsibilities.
She indicated no foreclosures or delinquencies have been experienced and more than 120 families have received the training so far. Mr. Ferri stated the extensive
qualification process eliminates those families not serious about owning a home. HUD income guidelines were discussed.
Concern was expressed with the number of variances needed to enable building on the lots. Mr. Ferri explained the property selection process, stating most lots are purchased one or
two at a time, which precludes the possibility of purchasing a large tract and subdividing into substandard lots. He stated the overwhelming majority of the existing lots are less than
the required minimum size and it is difficult to think of them as substandard when they were platted long before the current standards were in effect.
In response to a question, Mr. Ferri stated a program exists and similar criteria are required for purchasing and rehabilitating existing homes. Discussion continued regarding state
and federal funding of non-profit home development agencies.
F. BOARD AND STAFF COMMENTS - Discussion
Member Gans again thanked staff for the property location maps in the Board’s packets.
Discussion resumed regarding the Marshall Street wastewater treatment facility. Member Schwob noted the facility is immaculately clean and verified Mr. Bahnick’s statement that heavy
rain does overburden this type of system.
Member Schwob proposed having this Board resume hearing sign variances as a way to reduce the City Commission’s work load. It was indicated the City Commission has expressed the desire
to continue hearing sign variance requests through the end of the 1985 amortization compliance period, which should be completed in about six months.
G. ADJOURNMENT
The meeting adjourned at 1:41 p.m.
Chair